Interpretation of Testamentary Documents

G E Dal Pont

$285

Paperback

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English

LexisNexis Butterworths Australia
18 July 2025

Wills, probate & Succession

Summary
Details

Using words to express intentions can be challenging, especially for inexperienced drafters of testamentary documents. Ambiguity can arise from, among other things, conflicting clauses, words with multiple meanings, mistaken inclusions or omissions, and changes in the testator’s circumstances.

This text discusses the role, process and rules of interpretation –commonly referred to as ‘construction’, given that it involves construing relevant language to ascertain testamentary wishes. It investigates matters of interpretation surrounding the property that is the subject of testamentary disposition. It discusses the interpretation of terms used in wills to describe beneficiaries, which often have prima facie meanings but are capable of alteration by the language and context. And it probes the various interpretational challenges surrounding the share (‘portion’) of an estate received by beneficiaries.

Features

Cited in superior court decisions

Provides expert guidance to understanding correctly the actual meaning of the words used by the testator

Assists with protecting the rights of beneficiaries by ensuring they receive what the testator intended through accurate interpretation

Related Titles

Dal Pont, Law of Executors and Administrators

Dal Pont, Law of Succession, 3rd edition

Dal Pont, Law of Charity, 3rd edition

Neil & Sims, Hutley's Australian Wills Precedents, 11th edition

By: G E Dal Pont
Imprint: LexisNexis Butterworths Australia
Country of Publication: Australia
Edition: 2nd edition
Weight: 1.900kg
ISBN: 9780409362787
ISBN 10: 0409362786
Publication Date: 18 July 2025
Format: Paperback
Publisher's Status: Active

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Interpretation of Testamentary Documents

G E Dal Pont

$285

Paperback

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